Angola - Minimum Wages - 2011

LAST UPDATE

16 March 2011.

Remarks: Article 2 of the Labour Act excludes from its scope the following activities: public servants, or workers performing their professional activity in the Central Public Administration, or in a public institution or in any other State body; every worker with a permanent link serving diplomatic or consular representations of other countries or international organisations; cooperative associates or non-governmental organisations, being those regulated by specific statutes, or in the lack of such, being regulated by the commercial act; family work; casual work; the activity of those interveneing in comercial operations, if they are personally obliged to answer for the result of such operations, having assumed the respective risk; consultants and members of organs of the administration or direction of social organisations or companies, since their activity is inherently linked to those positions and without any subordination link through an employment contract.

SOURCES

Name of Act

General Labour Act,Act No. 2/00 of 11 February 1999 (Lei Geral do Trabalho de 11 de Fevereiro de 1999).

Name of Act

Name of Act

LEGAL DEFINITIONS

Employee/worker

Means any individual, national or foreigner residing in the country who voluntarily, in exchange for a wage, undertakes to perform any professional activity for an employer under the employers authority and within the employers enterprise.

General Labour Act Annex (x)

Employer

Means a person or an enterprise that employs a worker or workers. This includes a public or a private enterprise.

General Labour Act Annex (l)

Wage

Means all economic benefits payable by the employer for work performed by the worker.

General Labour Act Annex (v)

MINIMUM WAGE FIXING

Procedure

Government decides after tripartite or bipartite body discussions/recommendations

The minimum wage is fixed by Decree of the Council of Ministers based upon the proposal made by the Minister of Protection, Labour and Finance. There are indications that this proposal follows the recommendations of the National Council of Social Dialogue, set up of workers`, employers` and government representatives. However, the relevant legal texts have not been identified.

General Labour Act §168(1)

Minimum wage set through decentralized collective bargaining

Wage rates may be determined by collective agreement. The government may exclude workers covered by a collective agreement signed within the 6 months preceding the issue of the Decree fixing the minimum wage.

General Labour Act §171

Criteria

Level of wages and incomes in the country

When establishing the minimum wage, one must consider the evolution of the national price index, the general national wage level as well as the social security benefits and the relative living standards of the social groups.

General Labour Act §168(3)a)

Social security benefits

When establishing the minimum wage, one must consider the evolution of the national price index, the general national wage level as well as the social security benefits and the relative living standards of the social groups.

General Labour Act §168(3)a)

Economic development

When establishing the minimum wage, one must consider the conditioning economic factors, including the demands of economic development, the productivity levels and the necessity to reach and sustain a high level of employment.

General Labour Act §168(3)b)

Productivity

When establishing the minimum wage, one must consider the conditioning economic factors, including the demands of economic development, the productivity levels and the necessity to reach and sustain a high level of employment.

General Labour Act §168(3)b)

Level of employment

When establishing the minimum wage, one must consider the conditioning economic factors, including the demands of economic development, the productivity levels and the necessity to reach and sustain a high level of employment.

General Labour Act §168(3)b)

Inflation rate

When establishing the minimum wage, one must consider the evolution of the national price index, the general national wage level as well as the social security benefits and the relative living standards of the social groups.

General Labour Act §168(3)a)

Coverage

Scope

All workers, with a complete schedule are covered by minimum wage regulations. Nevertheless, the government may exclude workers covered by a collective agreement signed within the 6 months preceding the issue of the Decree fixing the minimum wage. The legislation allows for a combination of national, regional and sectoral minimum wages. There are in practise different minimum wage rates for each of the 3 following sectors: a) agriculture; b) transport, services and process industry; c) commerce and extraction industry.

General Labour Act §169(1)(2); 171(1)

Excluded categories

» Workers

No.The determination of the minimum wage of part-time workers is based on the same formula used to set the hourly rate of payment of a full-time worker.

General Labour Act §171.2

Specific minimum wage rates

» Specific minimum wage by sector

Different minimum wage rates are set for the following sectors : a) agriculture; b) transport, services and manufacturing industry; c) commerce and extraction industry.

Last minimum wage update

In-kind allowances

The wage shall be paid in cash, being also possible the payment in kind, more specifically in food, accomodation and dressing. However, the payment in kind shall not exceed 50% of the total wage amount.

General Labour Act §173(1)(2)

Rate of payment

» Monthly

Yes

» Other

In deviation to the general rule, employers who do not have the capacity to pay the minimum wage rates, may be granted a time-limited authorization by the Public Administration, Employment and Social Security Department by giving evidence of their temporary economic and financial difficulties.

Decree 64/10 readjusting the minimum wage §3

Scheduled frequency of adjustment

The minimum wage shall be fixed periodically, by Decree from the Council of Ministries following the proposition of the Ministries for the protection of Work and Finance.

The minimum wage fixing periodicity shall be determined taking into account the evolution of the factors referred in n. 3 of art. 168.

General Labour Act §168(1); 170

Enforcement mechanisms

Labour inspection

Labour Inspectors are responsible for ensuring that the provisions of the Labour Code are enforced.

Decree No. 11/03 §4

Fines in national currency for non-respect of legislation

The legislation does not provide for any specific sanctions in the case of offences relating to the minimum wage. Failure to pay wages can be penalized with a maximum of 10 times the monthly average wage paid in the liable enterprise.

Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.